Gross v. New York City Alcoholic Beverage Control Board

The decisions about to be made in this case and in Matter of Swalbach v. State Liq. Auth. (7 N Y 2d 518), handed down herewith, strike at the very heart of the legislative policy declaring that the regulation and control of the traffic in alcoholic beverages ‘ ‘ will best be carried out by empowering the liquor authority of the state to determine whether public convenience and advantage will be promoted by the issuance of licenses to traffic in alcoholic beverages ” (Alcoholic Beverage Control Law, § 2).

From 1934 to date, this court has been careful not to substitute its judgment for that of…